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Is this contempt?

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ConcernInMA

Junior Member
What is the name of your state (only U.S. law)? MA

Hello, I'm back with another question. (I'm grateful for this resource; thank you!).

I have been divorced just over two years. Under our divorce agreement, my ex is to reimburse me for uninsured medical costs (after the initial $250 per calendar year that I am responsible for 100%), as well as any agreed upon extra curricular expenses (sports, instrument rental, etc.) for our two kids. In 2012 he was pretty good about paying me after I submitted receipts. Sometimes he paid me within the 30 days as indicated in the agreement, and sometimes it took him a little longer, but i knew he was good for it, so I didn't sweat it. We were both starting over and it was a tough year. Fast forward to 2013, those reimbursements started taking longer and longer. In Feb of this year, I gave him receipts for the remaining costs for 2013. He owed me about $500 and said he'd "pay me when he can." Two months later, I had to remind him and ask when he could reimburse me, as I had already incurred and paid everything, so I was out of pocket. He continued being vague about when, with a typical response being "I'll let you know." Finally in June he gave me $200, bringing what was owed to me down to $300. But of course, costs continued to be incurred. So in August, I gave him 2014 receipts to date (post my $250 obligation). which were another $200. So now we were back up to $500. He again said he'd pay me as soon as he can. After my asking him again (because I was laid off in June and needed the $$), he (angrily) threw a $100 check my way. That was the last time he paid anything. And new receipts continue to pile up, which I have to pay out of pocket, of course. I am beyond frustrated. He claims he's having money problems, but I'm the one who has been unemployed and really struggling to make ends meet. I even had to take $$ out of my 401k. When I lost my health insurance, he was going to put the kids on his, and asked me to pay for half of it. I was upset because I couldn't afford it. I eventually applied and was approved for Mass Health, so I got lucky there and didn't have to rely on him or deal with him asking me for $$ (even though HE owes ME money). Meanwhile, he bought himself a new iPhone and is going on vacation later this week.

I hate that I'm in this position, but this situation is making think I need to take him to court for what he owes me. Because it appears he has $$ to spend on extras for himself, but not for his kids' needs, especially when he know I was unemployed (thankfully, I found a new job and am starting soon). He has never fallen behind on child support, and is up to date there. My question is about the medical and extra curricular reimbursements. Is his not paying on time grounds for filing a complaint? I'm afraid that's my only option, as I'm nervous that this will continue to snowball and grow as new costs are incurred.

Thanks in advance.
 


justalayman

Senior Member
it's not contempt until a judge says it's contempt.


I believe this is the correct form but not certain:


http://www.mass.gov/courts/docs/forms/probate-and-family/cjd103.pdf

You might want to check the costs involved. It may not be worthwhile to file it over the relatively small amount owed currently.
 

ConcernInMA

Junior Member
Thank you

I had the same thoughts about whether it's worthwhile over a relatively small debt. However, new receipts will continue to increase every month that passes, and I think I need to "correct" this issue before it snowballs. Sigh. I will think about this.

Thx
 

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